ML19331A894
| ML19331A894 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 08/25/1971 |
| From: | Engelhardt T US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Buck J, Quarles L, Wells A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML19331A897 | List: |
| References | |
| NUDOCS 8007230944 | |
| Download: ML19331A894 (3) | |
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UNITED STATCS PROO. & UIN EE.38-32'ffM
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ATOMIC ENERGY COMMISSION
- -q wasmuorou. n c. mo Augusc 25, 1971 Algic A. Wells, Esq., Chairman Dr. Lawrence R. Quarles Atomic Safety and Licensing Dean, School of Engineering Appeal Board and Applied Science U. S. Atomic Energy Comission University of Virginia Washington, D.
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20545 Charlottesville, Virginia 22901
/W@S' Dr. John H. Buck, Vice Chairman
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U. S. Atomic Energy Comission Washington, D. C.
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In the Matter of Consumers Power Company s
Midland Plant, Units 1 and 2
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s Docket flos. 50-329 and 50-230
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./ 1[3 Gentlemen:
This supplements our letter of July 7,1971, in which we transmitted to the Appeal Board copies of certain AEC regulatory staff documents which arb the subject of the Atomic Safety and L,icensing Board's
" Certification of Questions to the Atomic Safety and Licensing Appeal Board as to Claim of Privilege by the Regulatory Staff" dated June 22, 1971, in the referenced proceeding.
Upon further review of these documents, the AEC regulatory staff has elected to waive its claim of privilege for six of these documents, although, in our view, none of the six is needed by the requesting intervenors or relevant to an issue in this proceeding. The six docu-ments, which are attached, are copies of letters requesting the services of consultants in connection with our review of the application for licenses for the Midland Plant.
Accordingly, we intend to provide copies of these documents to the parties and to the presiding Atomic Safety and Licensing Board.
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In connection with our claim of privilege for the balance of the documents in accordance with 10 CFR S 2.744, we wish to emphasize that the Director of Regulation objected to authorizing the pro-duction of these documents on the basic grounds that their produc-tion would be contrary to the public interest.
In reaching that conclusion the Director of Regulation considered the effect on the AEC regulatory program of inhibiting the internal communication associated with the development of the regulatory staff's final position with respect to a particular license application.
The withheld documents record the development of the staff's position on the application that is the subject of this proceeding.
They reflect a process in which many individuals participate, each of whom is free and indeed encouraged to contribute opinions, recomenda-tiuns, advice, evaluations and analyses at any stage of the staff's review of the application. They reflect, also, a process which ultimately resolves and coordinates these various inputs through further analysis and evaluation.
The effectiveness of this process depends in large measure on full, complete and candid communication among the participants in the process.
To expose such communication in this case to public in-spection would inhibit similar commenication in the future, since participants in the review process would communicate with fore-knowledge that their reports, memoranda and notes are subject to public disclosure.
Finally, it should be noted that such facts important to the health and safety deteminations to be made in this proceeding as are inter-l twined with the views expressed in the withheld documents are set forth in other documents which are available to the parties.
For these reasons the Director of Regulation reached his conclusion that disclosure of the withheld documents would be contrary to the public interest.
Sincerely, f
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Thomas F. Engelhardt l
Trial Counsel Attachments:
As stated above
3 3-cc w/ encl:
Arthur W. Murphy, Esq.
Dr. David B. Hall Dr. Clark Goodman Robert Lowenstein, Esq.
Richard G. Smith, Esq.
Irving Like, Esq.
Harold P. Graves, Esq.
Anthony 7.. Poisman, Esq.
William J. Ginster, Esq.
Myron M. Cherry, Esq.
Milton R. Wessel, Esq.
James A. Kendall, Esq.
James N. O'Connor, Esq.
Mr. Stanley T. Robinson, Jr.
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